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LINCOLN ROOM 
 
 UNIVERSITY OF ILLINOIS 
 LIBRARY 
 
ABRAHAM LINCOLN 
 
 MORE THAN A COUNTRY 
 LAWYER 
 
 By 
 EMANUEL HERTZ 
 
 Delivered at the Bronx County Bar Association, 
 February 8, 1928 
 
This pamphlet is dedicated in partial recognition of 
 
 a debt of gratitude to 
 
 JOHN WESLEY HILL, DD, LLD., 
 
 Chancellor of Lincoln Memorial University, who 
 first awoke in me the desire to read and study the 
 life and works of Abraham Lincoln, and who has 
 given his life and his great abilities toward educating 
 the youth of America in Lincoln's own birthplace. 
 
ABRAHAM LINCOLN 
 

 
 U3 
 
 
 ^ 
 ^ 
 
 
 r>> 
 
 ABRAHAM LINCOLN 
 MORE THAN A COUNTRY LAWYER 
 
 By EMANUEL HERTZ 
 
 A DEFINITIVE life of Lincoln, when it comes to be writ- 
 '-' ^ten — a task which awaits some natural born historian and 
 biographer, at a time when all of the Lincoln material which is 
 now in hiding will come to the surface and will become avail- 
 able for a proper appraisal of that truly remarkable man, will 
 dissolve many a fiction and will dispel many a belief which is 
 now supported by legend and story only. Among the many 
 notions which have become current about Lincoln none is more 
 inadequate than the treatment he has received from the biog- 
 raphers as to his activities as a lawyer. There are those who 
 claim for him all he achieved and all he has accomplished was 
 due to the fact that he was a lawyer. But when we consider 
 that about two-thirds of our chief magistrates have at one time 
 or other during their careers been lawyers or judges^ — and yet 
 that particular phase had but little to do with the success or 
 failure of their administration — we might well hesitate to claim 
 that Lincoln owed so much to the fact that law became his 
 permanent profession. 
 
 And then, too, it is a peculiar picture that comes to us through 
 the maze of legend as to the kind of lawyer he was. The crim- 
 inal causes had a great vogue on the frontiers of civilization in 
 those days — and Lincoln's two or three great victories in crim- 
 inal causes have captured the imagination of the hero-wor- 
 shipper who cannot imagine Lincoln preparing a brief on 
 
 appeal, or thinking out a carefully prepared legal document. 
 We overlook his versatility as a pleader, as an adviser, as an 
 arbitrator of causes, as a student of Constitutional law, in 
 which he hardly had an equal, unless we take into consideration 
 
 5 
 
 787441 
 
the great legal instincts of John Marshall. The late Senator 
 Beveridge whose untimely death crippled the second great un- 
 dertaking of his life — a companion work to his life of the great 
 Chief Justice — saw the resemblance between these two great 
 outstanding leaders of men — and I cannot help quoting in full 
 what he says. When he approaches the climax in his epoch- 
 making life of Marshall, and wants to give his readers an idea 
 how great Marshall really was: 
 
 u^ >(c ;jc -y^g must imagine a person very much like 
 Abraham Lincoln. 
 
 "Indeed, the resemblance of Marshall to Lincoln is 
 striking. Between no two men in American history is 
 there such a likeness. Physically, intellectually, and in 
 characteristics, Marshall and Lincoln were of the same 
 type. Both were very tall men, slender, loose- jointed, and 
 awkward, but powerful and athletic; and both fond of 
 sport. So alike were they, and so identical in their negli- 
 gence of dress and their total unconsciousness of, or in- 
 difference to, convention, that the two men, walking side 
 by 'side, might well have been taken for brothers. 
 
 ''Both Marshall and Lincoln loved companionship with 
 the same heartiness, and both had the same social qualities. 
 They enjoyed fun, jokes, laughter, in equal measure, and 
 had the same keen appreciation of wit and humor. Their 
 mental qualities were the same. Each man had the gift 
 of going directly to the heart of any subject; while the 
 same lucidity of statement marked each of them. Their 
 style, the simplicity of their language, the peculiar clear- 
 ness of their logic, were almost identical. Notwithstanding, 
 their straightforwardness and amplitude of mind, both 
 had a curious sublety. Some of Marshall's opinions and 
 Lincoln's State papers might have been written by the 
 same man. The 'Freeholder' questions and answers in 
 Marshall's Congressional campaign, and those of Lincoln's 
 
 6 
 
debate with Douglas, are strikingly similar in method and 
 expression. 
 
 "Each had a genius for managing men ; and Marshall 
 showed the precise traits in dealing with the members of 
 the Supreme Court that Lincoln displayed in the Cabinet. 
 
 ''Both were born in the South, each on the eve of a great 
 epoch in American history when a new spirit was awaken- 
 ing in the hearts of the people. Although Southern-born, 
 both Marshall and Lincoln sympathized with and believed 
 in the North; and yet their manners and instinct were 
 always those of the South. Marshall was given advan- 
 tages that Lincoln never had; but both were men of the 
 people, were brought up among them, and knew them 
 thoroughly. Lincoln's outlook upon life, however, was 
 that of the humblest citizen; Marshall's that of the well- 
 placed and prosperous. Neither was well educated, but 
 each acquired, in different ways, a command of excellent 
 English and broad, plain conceptions of government and 
 of life. Neither was a learned man, but both created the 
 materials for learning. 
 
 "Marshall and Lincoln were equally good politicians ; 
 but, although both were conservative in their mental pro- 
 cesses, Marshall lost faith in the people's steadiness, mod- 
 eration, and self-restraint; and came to think that impulse 
 rather than wisdom was too often the temporary moving 
 power in the popular mind, while the confidence of Lin- 
 coln in the good sense, righteousness, and self-control of 
 the people became greater as his life advanced. If, with 
 these distinctions, Abraham Lincoln were, in imagination, 
 placed upon the Supreme Bench during the period we are 
 now cotisidering, we should have a good idea of John 
 Marshall, the Chief Justice of the United States." 
 
 A few days before his death, he wrote me and asked for a 
 photostatic copy of a very 'fine document which Lincoln pre- 
 
pared in establishing the first German newspaper in Springfield 
 under the editorship of Dr. Canisius. It would do your hearts 
 good to see and read that document which he prepared with his 
 usual care. But the day I was to take it for photostating saw 
 the passing of Beveridge and he never saw the original docu- 
 ment. The document is herein published for the first time. 
 
 Almost every paper Lincoln put his hand to, comes out a 
 perfect legal document. As I promised to show you new ones 
 only, documents which had never be(n published, I will call 
 your attention to a legal opinion of Lincoln's as to the con- 
 struction of an old Federal Statute — applying to surveyors T 
 have seen all his published works in all collections, but never a 
 legal opinion such as this: 
 
 "The 11th Section of the Act of Congress, approved 
 Feb. 11, 1805, prescribing rules for the subdivision of 
 Sections of land within the United States system of Sur- 
 veys, standing unrepealed, in my opinion, is binding on 
 the respective purchasers of different parts of the same 
 Section, and furnishes the true rule for Surveyors in 
 establishing lines between them — That law, being in 
 force at the time each became a purchaser, becomes a con- 
 dition of the purchase — 
 
 "And, by that law, I think the true rule for dividing into 
 quarters, any interior Section, or Section which is not frac- 
 tional, is to run straight lines through the Section from the 
 opposite quarter section corners, fixing the point when 
 such straight lines cross, or intersect each other, as the 
 middle, or center of the Section — 
 
 "Nearly, perhaps quite, all the original surveys are, to 
 some extent, erroneous; and, in some of the Sections, 
 geratly so — In each of the latter, it is obvious that a 
 more equitable mode of division than the above, might be 
 adopted; but as error is infinitely various, perhaps no bet- 
 
 8 
 
ter single rule can be prescribed. At all events I think the 
 above has been prescribed by the competent authority — 
 Springfield, Jany. 11, 1859. 
 
 A. LINCOLN." 
 
 And yet the works of Lincoln's legal activities have been 
 definitely set down in the two or three books on that phase of 
 his Hfe. 
 
 We are also led to believe that his was a perfectly angelic 
 nature with clients and litigants on all occasions and under all 
 circumstances. Nothing can be further from the truth. Listen 
 to this letter to a client who is unfair and who complams that 
 his business had been neglected by the firm of Lincoln & 
 Herndon. The letter was received soon after the conclusion of 
 the great joint debate with Douglas. In the very nature of 
 things Lincoln must have been much depressed not only by his 
 failure to reach the Senate, but also by his loss of income and 
 his expense during the period occupied by the joint debatt. He 
 had about started to recoup his losses and better his never over- 
 prosperous financial condition. Herndon was never more than 
 a good ofiice man, and a high class managing clerk, although 
 Lincoln and "Billy" Herndon had been partners sixteen years, 
 during which Lincoln always took care that "Herndon's half" 
 of their fee was always paid over to Billy. "Billy" never for- 
 gave Lincoln — after the latter had become President, his utter 
 failure to appoint Herndon to any important post either in his 
 Cabinet, to the Federal Bench or to any other important posi- 
 tion. Late in his first term he made the only offer of a $10 
 per diem appointment to look after a minor matter in St. Louis 
 which Herndon declined. But here is the letter which Lincoln 
 wrote to the dissatisfied clients : 
 
 "Never to be published — Herndon. 
 
Springfield, Novr. 17, 1858. 
 
 ''Messrs. S. C. Davis & Co. 
 
 Gentlemen 
 
 "You perhaps need not to be reminded how I have been 
 personally engaged for the last three or four months — 
 Your letter to Lincoln & Herndon, of Oct. 1st complain- 
 ing that the lands of those against whom we obtained judg- 
 ment last winter for you, have not been sold on execution 
 has just been handed to me to-day — I will try to 'explain 
 how our' (your) 'interests have been so much neglected' 
 as you choose to express it — After these judgemnts were 
 obtained we wrote you that under our law, the selling of 
 land on execution is a delicate and dangerous, matter; that 
 it could not be done safely, without a careful examination 
 of titles, and also of the value of the property — Our let- 
 ters to you will show this — To do this would require a 
 canvass of half the State- — We were puzzled, & you sent 
 no definite instructions — At length we employed a young 
 man to visit all the localities, and make as accurate a re- 
 port on titles and values as he could — He did this, ex- 
 pending three or four weeks time, and as he said, over a 
 hundred dollars of his own money in doing so — When 
 this was done we wrote you, asking if we should sell and 
 bid in for you in accordance with this information — This 
 letter you never answered — 
 
 "My mind is made up — I will have no more to do with 
 this class of business — I can do business in Court, but 1 
 can not, and will not follow executions all over the world. 
 The young man who collected the information for us is an 
 active young lawyer living at Carrollton, Green County, I 
 think — We promised him a share of the compensation we 
 should ultimately receive — He must be somehow paid; 
 and I believe you would do well to turn the whole business 
 
 10 
 
over to him— I believe we have had, of legal fees, which 
 you are to recover back from the defendants, one hundred 
 dollars — I would not go through the same labor and 
 vexation again for five hundred; still, if you will clear us 
 of Mr. William Fishbach (such is his name) we will be 
 most happy to surrender to him, or to any other person you 
 may name — 
 
 Yours, etc., 
 
 A. LINCOLN." 
 "This shall never 
 be published. Herdnon." 
 
 When Herndon either heard of it or saw the letter he 
 hastened to the clients and recovered the letter and endorsed on 
 the top and at the end of the letter that it was never to be pub- 
 lished. But he published something of a far graver nature 
 himself about Lincoln's parentage. Of course, that was twenty- 
 five years later, and Herndon had grown older and feebler and 
 Herndon was never a total abstainer. But this letter must have 
 been an eye-opener as to what Lincoln could say and write when 
 unfairly charged with neglect of duty. 
 
 While a conscientious lawyer at all times and always serving 
 his client with fidelity and to the utmost of his ability, a very 
 fine letter written to one of his clients, M. L. Hays, October 27, 
 1852, indicates in characteristic fashion Lincoln's kindness of 
 heart. Although he was ready to obtain a judgment for his 
 client he writes as follows : 
 
 "At our court, just past, I could have got a judgment 
 against Turley, if I had pressed to the utmost, but I am 
 really sorry for him — POOR and a CHPPLE as he is — 
 He begged time to try to find evidence to prove that the 
 deceased on his death-bed, ordered the note to be given up 
 to him or destroyed." 
 
 Lincoln, too, was very punctilious as to his charges. And 
 moderate to the point when other practitioners would charge 
 
 11 
 
him with ruining their prospects by charging so Httle for his 
 services. To Benjamin Fuller, Jr., he gave the following 
 receipt : 
 
 "Received, May 11, 1885, of Benjamin Kellogg, Jr. fifty 
 dollars in full ballance of all fees, up to this date, and also 
 one dollar and a quarter, to be applied on the next fee — 
 
 A. LINCOLN—" 
 
 Lincoln was absolutely fearless as a lawyer — as he was in 
 public life. When he had reached a conclusion, when he had 
 analyzed a proposition, when he became convinced of a state 
 of facts — he would speak his mind and pronounce judgment not 
 only upon a political opponent, but upon the judge presiding — 
 and generally in open court — ^and did not distinguish or change 
 his practice even when the Supreme Court of the United States 
 was concerned. Lawyers are all acquainted with the famous 
 Dred Scoti decision by the Supreme Court — which was held 
 back until after the Fremont Buchanan election. The election 
 had been rather close— and it was well within the possibilities 
 that had the decision been promptly announced Fremont, and not 
 Buchanan, might have been elected. Now there were great men 
 on that Bench at the time. Roger B. Taney was still Chief 
 Justice. It required some courage to take the Court to task. 
 Newspapers might have done it — the man in the street might 
 have done it — and the Court could disregard comment and 
 criticism alike. But here was a member of the Bar — the leader 
 of the Illinois Bar — a. member of the Bar of the Supreme Court 
 of the United States — ^who could easily be held to account for 
 his strictures upon the most exalted tribunal in the world. But 
 here was Lincoln, who knew he was right, whose instinct re- 
 assured him that the judges, or some of them, had an ear to the 
 ground, and for the moment heard the siren sounds of politics, 
 and came to the conclusion that the cause had not been disposed 
 of simply on the legal questions involved. He saw the hand of 
 Douglas and Pierce and Buchanan in addition to the voice of 
 
 12 
 
ABRAHAM LINCOLN 
 
 13 
 
Taney. Honest and fearless Abraham Lincoln is shocked at 
 the low estate into which John Marshall's court had fallen — 
 the court which had made our Constitution virile and our coun- 
 try great. And Lincoln spoke — Lincoln charged a conspiracy 
 of silence pending the election — ^and conspiracy of the slave 
 power for the perpetuation of slavery after the election. He 
 was not frightened by a Preston Brooks — ^he would probably 
 have broken every bone in that coward's body had he ever 
 attempted to argue any question with Lincoln as he did with 
 Sumner, an old man — ^attacked with a bludgeon from the rear 
 — this is what Lincoln has to say: 
 
 "My main object was to show, so far as my humble 
 ability was capable of showing to the people of this coun- 
 try, what I believe was the truth — that there was a 
 tendency, if not a conspiracy, among those who have en- 
 gineered this slavery question for the last four or five 
 years,, to make slavery perpetual and universal in this 
 nation. Having made that speech principally for that 
 object, after arranging the evidences that I thought tended 
 to prove my proposition, I concluded with this bit of com- 
 ment : 
 
 " 'We cannot absolutely know that these exact adapta- 
 tions are the result of preconcert, but when we see a lot 
 of framed timbers, different portions of which we know 
 have been gotten out at different times and places, and 
 by different workmen — Stephen, Franklin, Roger, and 
 James, for instance; and when we see these timbers 
 joined together, and see they exactly make the frame of 
 a house or a mill, all the tenons and mortices exactly 
 fitting, and all the lengths and proportions of the differ- 
 ent pieces exactly adapted to their respective places, and 
 not a piece too many or too few, — not omitting even the 
 scaffolding, — or if a single piece be lacking, we see the 
 place in the frame exactly fitted and prepared to yet 
 
 14 
 
bring such piece in — in such a case we feel it impossible 
 not to believe that Stephen and Franklin, and Roger and 
 James, all understood one another from the beginning, 
 and all worked upon a common plan or draft drawn be- 
 fore the first blow was struck.' " 
 Were a set of conspirators ever impaled like unto this mar- 
 velous indictment drawn by the country lawyer of the Eighth 
 Circuit of Illinois? 
 
 As late as August, 1854, he writes to his friend, Thomas, to 
 settle a case for $110 — "and my fee * * '*' as to the 
 amount of my fee, take ten dollars, which you and I will divide 
 equally." You can about imagine the kind and quantity of the 
 legal business which occupied him. 
 
 As late as 1856, he defends Father Chiniquy in Urbana. In 
 Father Chiniquy's volume "Fifty Years in the Church of Rome" 
 he relates how he had become the victim of a plot of a corrupt 
 Bishop — and was taken for trial far away from the community 
 in which he was known in Kankakee. A stranger who had wit- 
 nessed the procedure suggested to him — "try to secure the serv- 
 ices of Abraham Lincoln of Springfield." "If that man defends 
 you," said the stranger, "you will surely come out victoroius 
 from that deadly conflict." When asked for his name the 
 stranger refused to give it but said : "I am a Catholic like you, 
 and one like you who cannot bear any longer the tyranny of our 
 American bishops. With many others, I look to you as our 
 deliverer, and for that reason I advise you to engage the serv- 
 ices of Abraham Lincoln." 
 
 "But," replied Father Chinigny, "who is that Abraham Lin- 
 coln?" 
 
 He replied: "Abraham Lincoln is the best lawyer and the 
 most honest man in Illinois." 
 
 His lawyers cheerfully consented to the retaining of Lincoln, 
 to whom he telegraphed and in about twenty minutes came 
 Lincoln's acceptance. 
 
 15 
 
• "It was then that I met Mr. Abraham Lincohi for the 
 first time. He was a giant in stature, but I found him still 
 more a giant in the noble qualities of his mind and heart. 
 It was impossible to converse five minutes with him with- 
 out loving him. There was such an expression of kindness 
 and honesty in that face, and such an attractive magnetism 
 in the man that, after a few moments' conversation, one 
 felt as tied to him by all the noblest affections of the heart. 
 
 "When pressing my hand, he told me: 'You were mis- 
 taken when you telegraphed that you were unknown to me. 
 I know you, by reputation, as the stern opponent of the 
 tyranny of your bishop, and the fearless protector of your 
 countrymen in Illinois ; I have heard much of you from 
 two priests ; and, last night, your lawyers, Messrs. Osgood 
 and Paddock, acquainted me with the fact that your bishop 
 employs some of his tools to get rid of you. I hope it will 
 be an easy thing to defeat his projects, and protect you 
 against his machinations.' 
 
 "He then asked me how I had been induced to desire 
 His services. I answered by giving him the story of that 
 unknown friend who had advised me to have Mr. Abra- 
 ham Lincoln for one of my lawyers, for the reason that 
 'he was the best lawyer and the most honest man in Illi- 
 nois.' He smiled at my answer, with that inimitable and 
 unique smile, which we may call the 'Lincoln smile,' and 
 replied: 'That unknown friend would surely have been 
 more correct, had he told you that Abraham Lincoln was 
 the ugliest lawyer of the country !' and he laughed outright. 
 
 "I spent six long days at Urbana as a criminal, in the 
 hands of the sheriff, at the feet of my judges. During the 
 greatest part of that time, all that human language can 
 express of abuse and insult was heaped on my poor head. 
 God only knows what I suffered in those days ; but I was 
 providentially surrounded, as by a astrong wall, when T 
 
 16 
 
had Abraham Lincohi for my defence, 'the best lawyer and 
 the most honest man of Illinois,' and the learned and 
 upright David Davis for my judge. The latter became 
 Vice-President of the United States in 1882; and the 
 former its most honoured President from 1861 to 1865. 
 
 "I never heard anything like the eloquence of Abraham 
 Lincoln, when he demolished the testimonies of the two 
 perjured priests, Lebelle and Carthuvel, who, with ten or 
 twelve other false witnesses, had sworn against me. I 
 would have surely been declared innocent, after that elo- 
 quent address, and the charge of the learned Judge Davis, 
 had not my lawyers, by a sad blunder, left a Roman 
 Catholic on the jury. Of course, that Irish Roman Catholic 
 wanted to condemn me, when the eleven honest and intelli- 
 gent Protestants were unanimous in voting 'Not Guilty.' 
 The Court, having at last found that it was impossible to 
 persuade the jury to give a unanimous verdict, discharged 
 them. But Spink again forced the sheriff to keep me 
 prisoner, by obtaining from the Court the permission to 
 begin the prosecution de novo at the term of the fall, the 
 19th of October, 1856. 
 
 "The jury having been selected and sworn, the Rev. Mr. 
 Lebelle was the first witness called to testify and say what 
 he knew against my character. 
 
 ''Mr. Lincoln objected to that kind of testimony, and 
 tried to prove that Mr. Spink had no right to bring his new 
 suit against me by attacking my character. But Judge 
 Davis ruled that the prosecution had that right in the case 
 that was before him. Mr. Lebelle had, then, full liberty to 
 say anything he wanted ,and he availed himself of his 
 privilege. 'His testimony lasted nearly an hour, and was 
 too long to be given here. I will only say that he began 
 by declaring that "Chiniquy was one of the vilest men of 
 the day — that every kind of bad rumour were constantly 
 circulating against him." He gave a good number of 
 
 17 
 
those rumours, though he could not positively swear if they 
 were founded on truth or not, for he had not investigated 
 them. But he said there was one of which he was sure, for 
 he had authenticated it thoroughly. He expressed a great 
 deal of apparent regret that he was forced to reveal to the 
 world such things, which were not only against the honour 
 of Chiniquy, but, to some extent, involved the good name 
 of a dear sister, Madame Bosse. But as he was to speak 
 the truth before God, he could not help it — the sad truth 
 was not to be told. ^Mr. Chiniquy/ he said, 'had attempted 
 to do the most infamous things zvith my own sister, 
 Madame Bosse. She herself has told me the whole story 
 under oath, and she would be here to unmask the wicked 
 man to-day before the whole world, if she were not forced 
 to silence at home from a severe illness.' 
 
 "Though every word of that story was a perjury, there 
 was such a colour of truth and sincerity in my accuser, 
 that his testimony fell upon me and my lawyers and all my 
 friends as a thunderbolt. A man who has never heard such 
 a calumny brought against him before a jury in a Court- 
 house packed with people, composed of friends and foes, 
 will never understand what I felt in this the darkest hour 
 of my life. My God only knows the weight and the bitter- 
 ness of the waves of desolation which then passed over my 
 soul. 
 
 "After that testimony was givenj there was a lull, and a 
 most profound silence in the court-room. All the eyes 
 were turned upon me, and I heard many voices speaking of 
 me, whispering, 'The villain!' Those voices passed 
 through my soul as poisoned arrows. Though innocent, I 
 wished that the ground would upon under my feet and 
 bring me down to the darkest abysses, to conceal me from 
 the eyes of my friends and the whole world. 
 
 "However, Mr. Lincoln soon interrupted the silence by 
 addressing to Lebelle such cross-questions that his testi- 
 
 18 
 
mony, in the minds of many, soon lost much of its power. 
 And he did still more destroy the effect of his (Lebelle's) 
 false oath, when he brought my twelve witnesses, who were 
 among the most respectable citizens of Bourbonnais, form- 
 erly the parishioners of Mr. Lebelle. Those twelve gentle- 
 men swore that Mr. Lebelle was such a drunkard and 
 vicious man, that he was so publicly my enemy on account 
 of the many rebukes I had given to his private and public 
 vices, that they would not believe a word of what he said, 
 even upon his oath. 
 
 "At ten p. m. the Court was adjourned, to meet again 
 the next morning, and I went to the room of Mr. Lincoln 
 with my two other lawyers, to confer about the morning's 
 work. My mind was unspeakably sad. Life had never 
 been such a burden to me as in that hour. I was tempted, 
 like Job, to curse the hour when I was born. I could see in 
 the face of my lawyers, though they tried to conceal it, 
 that they were also full of anxiety. 
 
 " 'My dear Mr. Chiniquy,' said Mr. Lincoln, 'though I 
 hope, to-morrow, to destroy the testimony of Mr. Lebelle 
 against you, I must concede that I see great dangers ahead. 
 There is not the least doubt in my mind that every word he 
 has said is a sworn lie ; but my fear is that the jury thinks 
 differently. I am a pretty good judge in these matters. I 
 feel that our jurymen think that you are guilty. There is 
 only one way to perfectly destroy the power of a false 
 witness — it is by another direct testimony against what he 
 has said, or by showing from his very lips that he has 
 perjured himself. I failed to do that last night, though I 
 have diminished, to a great extent, the force of his testi- 
 mony. Can you not prove an alibi, or can you not bring 
 witnesses who were there in the same house that day, who 
 would flatly and directly contradict what your remorseless 
 enemy has said against you ?' 
 
 19 
 
"I answered him: 'How can I try to do such a thing 
 when they have been shrewd enough not to fix the very 
 date of the alleged crime against me?' 
 
 '' 'You are correct, you are perfectly correct, Mr. Chini- 
 quy,' answered Mr. Lincoln, 'as they have refused to fix 
 the date, we cannot try that. I have never seen two such 
 skilful rogues as those two priests. There is really a 
 diabolical skill in the plan they have concocted for your 
 destruction. It is evident that the bishop is at the bottom 
 of the plot. You remember how I have forced Lebelle to 
 confess that he was now on the most friendly terms with 
 the Bishop of Chicago, since he has become the chief of 
 your accusers. Though I do not give up the hope of 
 rescuing you from the hands of your enemies, I do not 
 like to conceal from you that I have several reasons to fear 
 that you will be declared guilty and condemned to a heavy 
 penalty, or to the penitentiary, though I am sure you are 
 perfectly innocent. It is very probable that we will have 
 to confront that sister of Lebelle to-morrow. Her sickness 
 is probably a feint, in order not to appear here except after 
 the brother will have prepared the public mind . in her 
 favour. At all events, if she does not come, they will 
 send some justice of the peace to get her sworn testimony, 
 which will be more difficult to rebut than her own verbal 
 declarations. That woman is evidently in the hands of 
 the bishop and her brother priest, ready to swear anything 
 they order her, and I know nothing so difficult as to refute 
 such female testimonies, particularly when they are absent 
 from the court. The only way to be sure of a favourable 
 verdict to-morrow is, that God Almighty would take our 
 part and show your innocence ! Go to Him and pray, for 
 He alone can save you.' 
 
 "Mr. Lincoln was exceedingly solemn when he addressed 
 those words to me, and they went very deep into my soul. 
 
 "I have often been asked if Abraham Lincoln had any 
 
 20 
 
religion. But I never had any doubt about his profound 
 confidence in God since I heard those words faUing from 
 his Hps in that hour of anxiety. I had not been able to 
 conceal my deep distress. Burning tears were rolling on 
 my cheeks when he was speaking, and there was on his 
 face the expression of friendly sympathy which I shall 
 never forget. Without being able to say a word I left him 
 to go to my little room. It was nearly eleven o'clock. I 
 locked the door and fell on my knees to pray, but I was 
 unable to say a single word. 
 
 "The horrible sworn calumnies thrown at my face by a 
 priest of my own Church were ringing in my ears; my 
 honour and my good name so cruelly and for ever de- 
 stroyed; all my friends and my dear people covered with 
 an eternal confusion; and more than that, the sentence of 
 condemnation which was probably to be hurled against me 
 the next day in the presence of the whole country, whose 
 eyes were upon me. All those things were before me, not 
 only as horrible phantoms, but as heavy mountains, under 
 the burdens of which I could not breathe. At last the 
 fountains of tears were opened, and it relieved me to 
 weep; I could then speak and cry: *Oh! my God! have 
 mercy upon me ! Thou knowest my innocence ; has Thou 
 not promised that those who trust in Thee cannot perish? 
 Oh? do not let me perish when Thou art the only One in 
 whom I trust. Come to my help. Save me.' 
 
 'Trorn eleven p. m. to three in the morning I cried to 
 God, and raised my supplicating hands to His throne of 
 mercy. But I confess, to my confusion, it seemed to me 
 in certain moments that it was useless to pray and to cry, 
 for though innocent I was doomed to perish. 1. 1 was in the 
 hands of my enemies. My God had forsaken me, 
 
 ''What an awful night I spent. I hope none of my 
 readers will ever know by their own experience the agony 
 
 21 
 
of spirit I endured. I had no other expectation than to be 
 
 for ever dishonoured and sent to the penitentiary the next 
 morning. 
 
 "But God had not forsaken me. He had again heard my 
 cries and was once more to show me His infinite mercy. 
 
 "At three o'clock a. m. I heard three knocks at my door, 
 and I quickly went to open it. 'Who was there? x\braham 
 Lincoln, w4th a face beaming with joy.' 
 
 "I could hardly believe my eyes. But I was not mis- 
 taken. It was my noble-hearted friend, the most honest 
 lawyer of Illinois — one of the noblest men Heaven had 
 ever given to earth. It was Abraham Lincoln who had 
 been given to me as my Saviour. On seeing me bathed 
 with tears he exclaimed : 'Cheer up, Mr. Chiniquy, I have 
 the perjured priests in my hands. Their diabolical plot is 
 all known, and if they do not fly away before the dawn of 
 day they will surely be lynched. Bless the Lord, you are 
 saved.' 
 
 "The sudden passage of extreme desolation to an ex- 
 treme joy came near killing me. I felt as suffocated, and 
 unable to utter a single word. I took his hand, pressed it 
 to my lips, and bathed it with tears of joy. I said: *May 
 God for ever bless you, dear Mr. Lincoln. But please 
 tell me how you can bring me such glorious news/ 
 
 "Here is the simple but marvelous story, as told me. by 
 that great and good man whom God had made the messen- 
 ger of His mercies towards me : 
 
 " 'As soon as Lebelle had given his perjured testimony 
 against you yesterday,' said Mr. Lincoln, 'one of the 
 agents of the Chicago press telegraphed to some of the 
 principal papers of Chicago : "It is probable that Mr. 
 Chiniquy will be condemned ; for the testimony of the Rev. 
 Mr. Lebelle seems to leave no doubt that he is guilty." 
 And the little Irish boys, to sell their papers, filled the 
 
 22 
 
streets with cries, ''Chiniquy will be hung ! Chiniquy will 
 be hung!" The Roman Catholics were so glad to hear 
 that, that ten thousand extra copies have been sold. Among 
 those who bought those papers was a friend of yours, 
 called Terrien, who went to his wife and told her that you 
 were to be condemned, and when the woman heard that 
 she said : "It is too bad, for I know Mr. Chiniquy is not 
 guilty." 
 
 " *How do you know that?* said the husband. She 
 answered : *I was there when the priest Lebelle made the 
 plot, and promised to give his sister two eighties of good 
 land it she would swear a false oath — ^and accuse him of a 
 crime which that woman said he had not even thought of 
 with her/ 
 
 " 'If it be so,' said Terrien, Sve cannot allow Mr. Chini- 
 quy to be condemned. Come with me to Urbana.* 
 
 "But that woman, being quite unwell, said to her hus- 
 band: 'You know well I cannot go: but Miss Philomene 
 Moffat was with me then. She knows every particular of 
 that wicked plot as well as I do. She is well : go and take 
 her to Urbana. There is no doubt that her testimony will 
 prevent the condemnation of Mr. Chiniquy.' 
 
 "Narcisse Terrien started immediately: and when you 
 were praying God to come to your help. He was sending 
 your deliverer at the full speed of the railroad cars. Miss 
 Moffatt has just given me the details of that diabolical plot. 
 I have advised her not to show herself before the Court is 
 opened. I will then send for her, and when she will have 
 given, under oath, before the ^ Court, the details she has 
 just given me, I pity Spink with his perjured priests. As 
 I told you, I would not be surprised if they were lynched : 
 for there is a terrible excitement in town among many 
 people, who, from the beginning, suspect that the priests 
 have perjured themselves to destroy you. 
 
 23 
 
" 'Now your suit is gained, and to-morrow you will have 
 the greatest triumph a man ever got over his confounded 
 foes. But you are in need of rest as well as myself. 
 Good-bye.' 
 
 "After thanking God for that marvellous deliverance, I 
 went to bed and took the needed rest. 
 
 "But what was the priest Lebelle doing at that, very 
 moment ? Unable to sleep after the awful perjury he had 
 just made, he had watched the arrival of the trains from 
 Chicago with an anxious mind, for he was aware, through 
 the confessions he had heard, that there were two persons 
 in that city who knew his plot and his false oath ; and 
 though he had the promises from them that they would 
 never reveal it to anybody, he was not without some fear- 
 ful apprehension that I might, by some way or other, be- 
 come acquainted with his abominable conspiracy. Not long 
 after the arrival of the trains from Chicago, he came down 
 from his room to see, in the book where travellers register 
 their names, if there were any new comers from Chicago, 
 and what was his dismay when he saw the first name en- 
 tered was 'Philomene MoffattT That very name, Phil- 
 omene Moitatt, who, some time before, had gone to con- 
 fess to him that she had heard the whole plot from his own 
 lips, when he had promised 160 acres of land to persuade 
 his sister to perjure herself in order to destroy me. A 
 deadly presentiment chilled the blood in his veins ! 'Would 
 it be possible that this girl is here to reveal and prove my 
 perjury before the world?' 
 
 'He immediately sent for her, when she was just com- 
 ing from meeting Mr. Lincoln. 
 
 " 'Miss Philomene Moffatt here!' he exclaimed, when he 
 saw her. 'What are you coming here for, this night?' he 
 said. 
 
 24 
 
" 'You will know it, sir, to-morrow morning,' she 
 answered. 
 
 " *Ah ! wretched girl ! you come to destroy me ?' he ex- 
 claimed. 
 
 "She replied: '1 do not come to destroy you, for you 
 are already destroyed. Mr. Lincoln knows everything.' 
 
 "'Oh! my God! my God!' he exclaimed, striking his 
 forehead with his hands. Then, taking a big bundle of 
 bank-notes from his pocket-book, he said: 'Here are one 
 hundred dollars for you, if you take the morning train and 
 go back to Chicago/ 
 
 " *If you would offer me as much gold as this house 
 could contain, I would not go,* she. replied. 
 
 "He then left her abruptly, ran to the sleeping room of 
 Spink, and told him : 'Withdraw your suit, against Chin- 
 iquy ; we are lost ; he knows all.' 
 
 "Without losing a moment, he went to the sleeping- 
 room of his co-priest, and told him: 'Make haste — dress 
 yourself and let us take the morning train; we have no 
 business here, Chiniquy knows all our secrets.' 
 
 "W^hen the hour of opening the Court came there was 
 an immense crowd, not only inside, but outside its walls. 
 Mr. Spink, pale as a man condemned to death, rose before 
 the Judge and said: 'Please the Court, allow me to with- 
 draw my prosecution against Mr. Chiniquy. . I am now per- 
 suaded that he is not guilty of the faults brought against 
 him before this tribunal.' 
 
 "Abraham Lincoln having accepted that reparation in 
 my name, made a short, but one of the most admirable 
 speeches I have ever heard, .on the cruel injustices I had 
 suffered from my merciless persecutors, and denounced 
 the rascality of the priests who had perjured themselves, 
 with such terrible colours, that it had been very wise on 
 
 25 
 
" 'Now your suit is gained, and to-morrow you will have 
 the greatest triumph a man ever got over his confounded 
 foes. But you are in need of rest as well as myself. 
 Good-bye.* 
 
 "After thanking God for that marvellous deliverance, I 
 went to bed and took the needed rest. 
 
 "But what was the priest Lebelle doing at that, very 
 moment? Unable to sleep after the awful perjury he had 
 just made, he had watched the arrival of the trains from 
 Chicago with an anxious mind, for he was aware, through 
 the confessions he had heard, that there were two persons 
 in that city who knew his plot and his false oath; and 
 though he had the promises from them that they would 
 never reveal it to anybody, he was not without some fear- 
 ful apprehension that I might, by some way or other, be- 
 come acquainted with his abominable conspiracy. Not long- 
 after the arrival of the trains from Chicago, he came down 
 from his room to see, in the book where travellers register 
 their names, if there were any new comers from Chicago, 
 and what was his dismay when he saw the first name en- 
 tered was 'Philomene Moffatt!' That very name, Phil- 
 omene Moffatt, who, some time before, had gone to con- 
 fess to him that she had heard the whole plot from his own 
 lips, when he had promised 160 acres of land to persuade 
 his sister to perjure herself in order to destroy me. A 
 deadly presentiment chilled the blood in his veins ! 'Would 
 it be possible that this girl is here to reveal and prove my 
 perjury before the world?' 
 
 'He immediately sent for her, when she was just com- 
 ing from meeting Mr. Lincoln. 
 
 " 'Miss Philomene Moffatt here !' he exclaimed, when he 
 saw her. 'What are you coming here for, this night?' he 
 said. 
 
 24 
 
" 'You will know it, sir, to-morrow morning,' she 
 answered. 
 
 " *Ah ! wretched girl ! you come to destroy me ?' he ex- 
 claimed. 
 
 "She replied: *I do not come to destroy you, for you 
 are already destroyed. Mr. Lincoln knows everything.' 
 
 "*0h! my God! my God!' he exclaimed, striking his 
 forehead with his hands. Then, taking a big bundle of 
 bank-notes from his pocket-book, he said : 'Here are one 
 hundred dollars for you, if you take the morning train and 
 go back to Chicago.' 
 
 " Tf you would offer me as much gold as this house 
 could contain, I would not go,* she.repHed. 
 
 "He then left her abruptly, ran to the sleeping room of 
 Spink, and told him : 'Withdraw your suit, against Chin- 
 iquy; we are lost; he knows all.' 
 
 "Without losing a moment, he went to the sleeping- 
 room of his co-priest, and told him: 'Make haste — dress 
 yourself and let us take the morning train; we have no 
 business here, Chiniquy knows all our secrets.' 
 
 "W^hen the hour of opening the Court came there was 
 an immense crowd, not only inside, but outside its walls. 
 Mr. Spink, pale as a man condemned to death, rose before 
 the Judge and said: 'Please the Court, allow me to with- 
 draw my prosecution against Mr. Chiniquy. I am now per- 
 suaded that he is not guilty of the faults brought against 
 him before this tribunal.' 
 
 "Abraham Lincoln having accepted that reparation in 
 my name, made a short, but one of the most admirable 
 speeches I have ever heard, ,on the cruel injustices I had 
 suffered from my merciless persecutors, and denounced 
 the rascality of the priests who had perjured themselves, 
 with such terrible colours, that it had been very wise on 
 
 25 
 
their part to fly away and disappear before the opening ot 
 the Court. 
 
 "Abraham Lincoln had not only defended me with the 
 zeal and talent of the ablest lawyer I have ever known, but 
 as the most devoted and noblest friend I ever had. After 
 giving me more than a year of his precious time to my de- 
 fence, when he had pleaded during two long sessions of the 
 Court of Urbana without receiving a cent from me, I con- 
 sidered that I was owing him a great sum of money. My 
 two other lawyers, who had not done the half of his work, 
 asked me a thousand dollars each, and I had not thought 
 that too much. After thanking him for the inappreciable 
 services he had rendered me, I requested him to show me 
 his bill, assuring him that, though I would not be able to 
 pay the whole cash, I would pay him the last cent, if he had 
 the kindness to wait a little for the balance. 
 
 "He answered me with a smile and an air of inimitable 
 kindness which was peculiar to him : 'My dear Mr. Chin- 
 iquy, I feel proud and honoured to have been called to de- 
 fend you. But I have done it less as a lawyer than as a 
 friend. The money I should receive from you would take 
 away the pleasure I feel at having fought your battle. 
 Your case is unique in my whole practice. I have never 
 met a man so cruelly persecuted as you have been, and who 
 deserves it so little. Your enemies are devils incarnate. 
 The plot they had concocted against you is the most hellish 
 one I ever knew. But the way you have been saved from 
 their hands, the appearance of that young and intelligent 
 Miss Moffatt, who was really sent by God in the very hour 
 of need, when, I confess it again, I thought everything 
 was nearly lost, is one of the most extraordinary occur- 
 rences I ever saw. It makes me remember what I have 
 too often forgotten, and what my mother often told me 
 when young — that our God is a prayer-hearing God. This 
 good thought, sown into my young heart by that dear 
 
 26 
 
mother's hand, was just in my mind when I told you, "Go 
 and pray, God alone can save you." But I confess to you 
 that I had not faith enough to believe that your prayer 
 would be so quickly and marvellously answered by the sud- 
 den appearance of that interesting young lady last night. 
 Now let us speak of what you owe me. Well ! well ! how 
 much do you owe me ? You owe me nothing ! for I suppose 
 you are quite ruined. The expenses of such a suit, I know, 
 must be enormous. Your enemies want to ruin you. Will 
 I help them to finish your ruin, when I hope I have the 
 right to be put among the most sincere and devoted of your 
 friends ?* 
 
 " *You are right,' I answered ; 'you are the most de- 
 voted and noblest friend God ever gave me, and I am 
 nearly ruined by my enemies. But you are the father of 
 a pretty large family; you must support them. Your 
 travelling expenses in coming twice here for me from 
 Springfield; your hotel bills, during the two terms you 
 have defended me, must be very considerable. It is not 
 just that you should receive nothing in return for such 
 work and expenses.' 
 
 " 'Well ! well !' he answered, 'I will give you a promis- 
 sory note which you will sign.' Taking then a small piece 
 of paper, he wrote. 
 
 "He handed me the note, saying, 'Can you sign that?' 
 
 " 'Urbana, May 23, 1857. Due A. Lincoln fifty dollars, 
 for value received. C. Chiniquy.' 
 
 "After reading it, I said, 'Dear Mr. Lincoln, this is a 
 joke. It is not possible that you ask only fifty dollars for 
 services which are worth at least two thousand dollars.' 
 
 "He then tapped me with the right hand on the shoulder 
 and said : 'Sign that ; it is enough. I will pinch some rich 
 men for that and make them pay the rest of the bill,' and 
 he laughted outright. 
 
 27 
 
"When Abraham Lincohi was writing the due-bill, the 
 relaxation of the great strain upon my mind, and the great 
 kindness of my benefactor and defender in charging me 
 so little for such a service, and the terrible presentiment 
 that he would pay with his life what he had done for me, 
 caused me to break into sobs and tears. 
 
 ' "As Mr. Lincoln had finished writing the due-bill, he 
 turned round to me and said, 'Father Chiniquy, what are 
 you crying for ? ought you not to be the most happy man 
 alive? you have beaten your enemies and gained the most 
 glorious victory, and you will come out of all your troubles 
 in triumph.' 
 
 " 'Dear Mr. Lincoln,' I answered, 'allow me to tell you 
 that the joy I should naturally feel for such a victory is 
 destroyed in my mind by the fear of what it may cost you. 
 Th^re were, then, in the crowd not less than ten or twelve 
 Jesuits from Chicago and St. Louis, who came to hear my 
 sentence of condemnation to the penitentiary. But it was 
 on their heads that you have brought the thunders of 
 heaven and earth! nothing can be compared to the ex- 
 pression of their rage against you, when you not only 
 wrenched me from their cruel hands, but you were making 
 the walls of the Court-house tremble under the awful and 
 superhumanly eloquent denunciation of their infamy, 
 diabolical malice, and total want of Christian and human 
 principle, in the plot they had formed for my destruction. 
 What troubles my soul just now, and draws my tears, is 
 that it seems to me that I have read your sentence of death 
 in their bloody eyes. How many other noble victims have 
 already fallen at their feet!' 
 
 "He tried to divert my mind at first with a joke. 'Sign 
 this,' said he, 'it will be my warrant of death.' 
 
 "But after I had signed he became more solemn, and 
 said, 'I know that Jesuits never forget nor forsake, l^ut 
 
 28 
 
man must not care how and where he dies, provided he 
 dies at the post of honour and duty,' and he left me." 
 
 In an age when lawyers like Webster and Wirt and Lincoln 
 never made more than four or five thousand dollars a year — 
 there was nevertheless more real advocacy, more skill in the 
 trial of causes, more real effort and preparation than in an age 
 when there are so many diversions, so many other tasks, so 
 much other effort to weaken the one mission of our lives — to 
 practice our profession as we should desire to do. Given there- 
 fore the best of our endowed lawyers — and he cannot and will 
 not appear to the same advantage as did the others of those 
 other times — for if for no other reason — the background is miss- 
 ing. The Court House was the theatre, the concert hall, the 
 opera house ; and the outside of the Court House was the public 
 forum. Lincoln practiced his profession among friends and 
 neighbors, and when his cause was just — and he rarely ap- 
 peared in others — ^he was simply superb. His reasoning, his 
 logic, his eloquence, his broad humanity — were all called into 
 play — and client and juror and judge and listener were all spell- 
 bound and convinced by this honest lawyer, who ever told the 
 truth and almost always conceded and almost gave his case 
 away; but he never lost an honest case — in the trial of which 
 no one could successfully resist him. 
 
 The variety of his practice, too, brought into play the finest 
 faculties in him. He was not simply the country lawyer, the 
 cornfield lawyer, the village notary, the petty criminal lawyer 
 — if you compare and study the list of his known cases you 
 will see practically every phase of law and manifestation of the 
 operation of law as it comes into the lives of the people. 
 
 I have attempted to bring to your attention some new features 
 in the career of Lincoln at the bar, in order to show his re- 
 markable adaptability and the wonderful resiliency of his mind 
 to any new feature, to any new problems, in order that we 
 might better appreciate his thorough preparation for his great 
 
 29 
 
work in the Lincoln-Douglas Debate in his epoch making- 
 speech at Cooper Union, and finally at Washington — where he 
 was called upon to face and solve problems which called into 
 play all the various manifestations of this many-sided man, and 
 he actually grappled and solved practically alone, all the great 
 questions which came up during those overcrowded years in 
 Washington. The rebellious Cabinet, the hostile Congress, the 
 threatening Abolitionists, the disloyal Copperheads, the treason- 
 able activities of the Valladinghams and his coadjutors, the 
 Trent Affair, the choice and removal of Generals, the suppres- 
 sion of peace talk with the suggestion of telling the erring sis- 
 ters to go, the struggle with a semi-hostile press and a pacifist 
 pulpit, the superb diplomacy which kept England, France and 
 other European countries out of the dispute, the creation of an 
 army and a navy, the wearing down of all opposition, the 
 Emancipation Proclamation, the beginnings of Reconstruction, 
 and final Victory and the apotheosis in the sealing of the pact 
 with the blood of the first martyr in the Presidency— were all 
 the decrees of Providence choosing this physical and mental 
 giant to grapple with the task which pygmies had been unable 
 to comprehend — free a race, solidify the Union, and take his 
 place, when his task was done, with the few immortals — who 
 tower over their fellows in the history of mankind. 
 
 30 
 

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 ABRAHAM LINCOLN, MORE THAN A COUNTRY LAW 
 
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